HomeMy WebLinkAboutPC Reso 10-39 Amend.ToEsprit at Dublin Station
RESOLUTION NO. 10 - 39
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING
AMENDMENT 1 TO THE DEVELOPMENT AGREEMENT FOR THE DUBLIN TRANSIT
CENTER SITE E-1 (ESPRIT AT DUBLIN STATION)
APN 986-0034-011-00
PA 09-002
WHEREAS, a request has been made by Western Pacific Housing (doing business as D.
R. Horton) ("ApplicanY') for approvai of Amendment 1 to the Development Agreement for the
property known as Dublin Transit Center Site E-1, an area of approximately 4.13 acres located
the southeast corner of Dublin Boulevard and Iron Horse Parkway (PA 09-002); and
WHEREAS, Development Agreements are required as an implementing measure of the
Eastern Dublin Specific Plan; and
WHEREAS, a Master Development Agreement for the Dublin Transit Center was
adopted by Ordinance 5-03 in May 2003. The Master Development Agreement was then later
amended by Ordinance 25-05, which set forth affordable housing obligations in the project area;
and
WHEREAS, the Applicant is party to the original Transit Center Site E-1 Development
Agreement, which was adopted by Ordinance 5-06 in March 2006; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State
Guidelines and City Environmental Regulations require that certain projects be reviewed for
environmentai impacts and that environmental documents be prepared; and
WHEREAS, pursuant to the California Environmental Quality Act, Staff has
recommended that the project be found exempt from CEQA pursuant to Government Code
section 65457 for residential projects that are consistent with a specific plan. The Project is
within the scope of the Final Environmental Impact Report (EIR) for the Dublin Transit Center
General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1 Planned
Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2001120395)
which was certified by City Council Resolution No. 215-02 dated November 19, 2002. This
recommendation is based on a determination that there are no supplemental impacts that
would require preparation of a Supplemental EIR; and
WHEREAS, the Applicant requests to amend the March 2006 Development Agreement
for Dublin Transit Center Site E-1; and
WHEREAS, the text of Amendment 1 to the Development Agreement is attached to this
resolution as Exhibit A-1 to the accompanying City Council Ordinance; and
WHEREAS, the Planning Commission did hold a public hearing on the application on
September 14, 2010; and
1
WHEREAS, proper notice of the public hearing was given in all respects as required by
law; and
WHEREAS, a Staff Report was submitted recommending that the Planning Commission
recommend that the City Council approve Amendment 1 to the Development Agreement; and
WHEREAS, the Planning Commission considered the CEQA exemption, prior related
environmentai documents, and all above-referenced reports, recommendations, and testimony
to evaluate the Project.
NOW, THEREFORE, BE IT RESOLVED THAT the City of Dublin Planning Commission
does hereby make the following findings and determinations regarding Amendment 1 to the
Development Agreement for the Dublin Transit Center Site E-1:
1. The Agreement is consistent with the objectives, policies, general land uses and
programs specified in the Eastern Dublin Specific Plan/General Plan in that: a) the Eastern
Dublin Specific Plan/General Plan land use designation for the subject site is proposed to be
Planned Development and that the proposed Site E-1 residential development is consistent with
that designation; b) the project is consistent with the fiscal policies in relation to provision of
infrastructure and public services of the City's Eastern Dublin Specific Plan/General Plan; c) the
Agreement sets forth the rules the Developer and City will be governed by during the
development process which is required by the Eastern Dublin Specific Plan and the Mitigation
Monitoring Program of the Eastern Dublin Specific Plan.
2. The Agreement is compatible with the uses authorized in, and the regulations
prescribed for, the land use districts in which the real property is located in that the project
approvals include amended Planned Development Rezone, Site Development Review and
Vesting Tentative Maps.
3. The Agreement is in conformify with public convenience, general welfare and
good land use practice in that the Developer's project will implement land use guidelines set
forth in the Eastern Dublin Specific Plan/General Plan and the Dublin Transit Center Stage 1
Development Plan.
4. The Agreement will not be detrimental to the health, safety and general welfare in
that the development will proceed in accordance with the Agreement and any Conditions of
Approval for the Project.
5. The Agreement will not adversely affect the orderly development of the property or
the preservation of property values in that the development will be consistent with the City of
Dublin Eastern Dublin Specific Plan/General Plan.
BE IT FURTHER RESOLVED that the Dublin Planning Commission, for the reasons set
forth in the findings in the attached draft Ordinance, recommends that the City Council approve
the Ordinance attached as Exhibit A and incorporated herein by reference, which Ordinance
adopts Amendment 1 to the Development Agreement for the Dublin Transit Center Site E-1 (PA
09-002).
Page 2 of 3
PASSED, APPROVED AND ADOPTED this 14th day of September, 2010.
AYES: King, Swalwell, Wehrenberg
NOES:
ABSENT: Brown, Schaub
ABSTAIN:
Planning Coqnission hairperson
ATTEST:
,
~
Planning Manak er
G:IPA#120091PA 09-002 Site E-11PC 09 14 20101PC Att 2- Reso DA.DOC
Page 3 of 3
ORDINANCE NO. XX -10
AN ORDINANCE OF THE CITY COUNCfL OF THE CITY OF DUBLIN
APPROVING AMENDMENT 1 TO THE DEVELOPMENT AGREEMENT FOR DUBLIN
TRANSIT CENTER SITE E-1 (ESPRIT AT DUBLIN ST~?TION) PA 09-002
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. The proposed Dublin Transit Center Site E-1 ("Project") is located within the
boundaries of the Eastern Dublin Specific Plan ("Specific Plan") in an area, which is designated
on the General Plan Land Use Element Map, and Eastern Dublin Specific Plan Land Use Map
for a combination of High Density Residential, Campus Office and Public/Semi Public land uses.
B. Pursuant to the California Environmental Quality Act (CEQA), this Project is exempt
from CEQA pursuant to Government Code Section 65457 which exempts residential projects
that are consistent with a specific plan from further environmental review. Additionally, the
Project is within the scope of the Final Environmental Impact Report for the Dublin Transit
Center General Plan Amendment, Eastern Dubfin Specific Plan Amendment, Stage 1 Planned
Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2O01120395)
which was certified by City Council Resolution No. 215-02 dated November 19, 2002 (Transit
Center EIR). Furthermore, there are no supplemental impacts that would require preparation of
a Supplemental Environmental Impact Report.
C. A Development Agreement between the City of Dublin and Western Pacific
Housing (doing business as D. R. Horton) was approved in March 2006 (Ordinance 5-06).
Amendment 1 to the Development Agreement has been presented to the. City Council. The
Amendment is attached to this Ordinance as Exhibit A-1.
D. A public hearing on the proposed Amendment 1 to the Development Agreement
was held before the Planning Commission on September 14, 2010, for which public notice was
given as provided by law.
D. The Planning Commission has made its recommendation to the City Council for
approval of Amendment 1 to the Development Agreement (Resolution 10-xx, incorporated
herein by reference).
F. A public hearing on the proposed Development Agreement was held before the
City Council on , 2010, for which public notice was given as provided by law.
G. The City Council has considered the recommendation of the Planning Commission
who considered the item at its September 14, 2010 meeting, including the Planning
Commission's reasons for its recommendation, the Agenda Statement, all comments received in
writing, and all testimony received at the public hearing.
EXHIBIT A TO
ATTACHMENT 2
Section 2. FINDINGS AND DETERMINATIONS
Therefore, on the basis of: (a) the foregoing Recitals which are incorporated herein; (b)
the City of Dublin's General Plan; (c) the Eastern Dublin General Plan Amendment; (d) the
Specific Plan; (e) the Transit Center EIR; and (f) the Staff Report, and on the basis of the
specific conclusions set forth below, the City Council finds and determines that:
1. The Agreement is consistent with the objectives, policies, general land uses and
programs specified in the Eastern Dublin Specific Plan/General Plan in that: a) the Eastern
Dublin Specific Plan/General Plan land use designation for the subject site is proposed to be
Planned Development and that the proposed Site E-1 residential development is consistent with
that designation; b) the project is consistent with the fiscal policies in relation to provision of
infrastructure and public services of the City's Eastern Dublin Specific Plan/General Plan; c) the
Agreement sets forth the rules the Developer and City will be governed by during the
development process which is required by the Eastern Dublin Specific Plan and the Mitigation
Monitoring Program of the Eastern Dublin Specific Plan.
2. The Agreement is ~ compatible with the uses authorized in, and the regulations
prescribed for, the land use districts in which the real property is located in that the project
approvals include amended Planned Development Rezone, Site Development Review and
Vesting Tentative Maps.
3. The Agreement is in conformity with public convenience, general welfare and good
land use practice in fhat the Developer's project will implement land use guidelines set forth in
the Eastern Dublin Specific Plan/Genera( Plan and the Dublin Transit Center Stage 1
Development Plan.
4. The Agreement will not be detrimental to the health, safety and general welfare in
that the development will proceed in accordance with the Agreement and any Conditions of
Approval for the Project.
5. The Agreement will not adversely affect the orderly development of the property or
the preservation of property values in that the development will be consistent with the City of
Dublin Eastern Dublin Specific Plan/General Plan.
6. Pursuant to the California Environmental Quality Act, the City Council finds that
the Project is exempt from CEQA pursuant to Government Code section 65457 because it
implements a residential project that is consistent with a specific plan for which an EIR has been
certified. The Project is within the scope of the certified Transit Center EIR. The City Council
finds that no further environmental review under CEQA is required for the proposed Project
because there is no substantial evidence in the record as a whole that any of the standards
under CEQA section 21166 or CEQA Guidelines sections 15162 and 15163 for the preparation
of a subsequent or supplemental EIR are met
Section 3. APPROVAL
The City Council hereby approves the Amendment No. 1 to the Development Agreement ~
(Exhibit A-1 to the Ordinance) and authorizes the Mayor to execute it.
~
Section 4. RECORDATION
Within ten (10) days after the Amendment No. 1 to the Development Agreement is fully
executed by all parties, the City Clerk shall submit the Agreement to the County Recorder for
recordation.
Section 5. EFFECTIVE DATE AND POSTING OF ORDINANCE
This Ordinance shall take effect and be in force thirty (30) days from and after the date of
its passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at
least three (3) public places in the City of Dublin in accordance with Section 36933 of the
Government Code of the State of California.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this day of
, 2010 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:IPA#120091PA 09-002 Site E-11PC 09 14 20101PC Att 2- Exhibit A- DA Ord.DOC
RECORDING REQUESTE~ BY:
CITY ~F DUBLIN
When Recorded Mail To:
City Cierk
City of Dublin
100 Civic Piaza
Dublin, CA 94568
Fee Waived per GC 27383
S ace above this line for Recorde~'s use
P
AMEN~MENT NO. 1 TQ DEVELOPMENT AGREEMENT
BETWE~N THE
C1TY OF DU~LIN
AND
WESTERN PACIFIC HOUSiNG, iNC.
FOR TH~ DUB~.IN TRANSIT CENTER E-1 PROJECT
EXHIBIT A-l TO
ATTACHMENT 2
THIS Amend:ment hlo. 1#o the [7evelopment Agreem~nt Between the Gity
of Duk~lin and UVestern Paci~c Hausing ("Amendm~nt"} is made and e~ter~d in
the City ofi Dublin on this ~ day of , 2~10, by ~r~ci be~ween th~ ~ity of
Dublin, a Municipa! ~orpc~ratic~n {hereafter "Cit~"}, and Western Pacific Housing,
inc, a Delaware corparatior~, doing business as Q.R. Hc~rt~n ~hereaf~er
"Developer"), pursuar~t #o the ~uthority of §3 6~864 et seq. of the Galifarnia
Gov~rnment Gc~de a~d ~ublin Municipal Code, ChapEer 8.56. City and Develaper
are from #ime-tc~-tirne individuaiiy r~ferred to in t3~is A~reement as a"Party" and
are collectivefy referr~d t~ as "Parties".
R~CITALS
~I . C~lifc~rnia Gaver€~m~nt C~de 6~864 et seq. and Chapter 8,56 c~f
the Dublin Municipa! Cade (hereafter "~hapter 8.5~"} autharize the Gity to enter
into an agresrnent fcar the deveiopm~nt of reai prop~rty ~vith any persc~r~ having a
legai Qr equita~l~ interest in su~h prc~perty in arder t~ establish c~rt~in
developrr~~nk rights in such prop~rty.
2. C?evelaper d~sires ta d~velc+p and hold~'legal interest ir~ cert~in real
prQ~~rty c~nsisting of a}a~r€~xim~tely A.1 acres ~f land, ~acated in the C'sty ofi
Dubli?~, ~~unty c~f A#ameda, State ~rf California, ~hich is mc~re parfiicularly
described in ~~hibit ~ attached her~to and ineorpr~ra~ed h~rein by this reference,
and ~rhich rea6 prc~p~rty is h~reafter ~a(}ed f~~ "F'r~~erfy". The !~r€~perty is
generaEiy kr~ovvn a~ fhe "`Trar~sit Genter Site E-1" ~nd is part of the Transit Cent~r
Prop~rty Ic~cate~9 ~djacenit to the D~bl~n BAi~T sta#ion.
3. ~ursu~nt tv th~t ~+~#hc~rity, Cify ~r~c~ D~vef~~~r entered intc~ that
certair~ "C~evel~pn~~n#l~c~r~errt~n~ ~et~nre~;n th~ ~ify ~f`~ubiin anc~ UVe~~~rn F~aci~c
Housing, !nc f+~r th~ Dublin: Transit G~nter Site ~-1 Prc~ject", dat~d ~~t~ruary 7,
ZOQ6 and r~c~rdec~ ir~ th~ O~ficial ~;~ct~rds o# Al~arr~~~a Co~nty ("~~fici~l R~ctarcfs"')
can ~i~r~~h °i U, ~(ltl6> ~s cl~c~it~enf num~i~r ~~~fi~~J~~3f~ (,<(t» A~r~c;r~n~nf"),
C}~v~;la~~;r pr~vica~t~ly fi~rc~~r~~~;ti tk~`~ ci~;v~k€~prr~~r~t F~rca~~;rt~
wich ~OtJ r~sid~r~ti~l ~~rits ~nd a~~r~xin~~t~:ly ~9 ~,Oq(~ 5c~~~~r~ f~~f gr~~~~t~ ~#t~~r
rPt~il. ~he ~it~r ~pproved v~ric~us land us~ appro~r~ls in ~~nn~cti~r7 with the
devel~~ar~a~nt ~f t}~e ~'rvp~rty, and the A~~e~r~~nt r~f~rr~~ ta th~ pr~p~s~l ~nd ti~~
~s~r~ciat~d ci~v~lra~ar~~~t ~pprov~ls ~s, re~~ecfiv~ly, "the ~'rr~ject" ~nd'`th~ ~raject
~~~a~c~v~is." "f„h~ "~'r~j~ct A~pr~u~ls" ir~clu~i~d, witk~aut lir°~it~~ticrn, ~~f~~~ 2
Dev~lopm~nt I~I~n {~rd. ~ta, ~-O~j, Sit~ C}~v~lr~prrter~t ~tevi~w {Gity ~~a~nc~(
Resol~~tic~~~ Nr~. 6-~6) ~nd ~ v~stinc~ tent~tive ~aarc~[ m~p (F'lanninc~ Crar~~trnission
Resolufior~ ~JQ, 05-6£#). The Proj~ct Approv~ls r~m~in in eff~ct.
5. Deve~c~per nc~w pr~p~~es #he d~vel~~ment of #he Praperty w'tth 1(}5
residential unit~ as an ~lternativ~ approvai ("#h~,Alternate Project"j. The
DeveEoper has ap~+ii~d for, and the City I~a~ ~~~roved or i~ processing, var~t~us
land its~ apprc~vals in cc~nnection with ~h~ development of the Alternate Project,
Anaendment No. 1 ta th~ Qev~fapmeni Agreement 8~iween the City of Dubiin and Western
Pacific Nousfng for the C3ublin T~ansit Center Site E-1 Project Page ~ of 5
inc€uding, withoui limitation, a Plann~d development Rezc~nin~ (Qrd. NQ.
S#ag~ 1 and ~ C}ev~IQpment Piar~ Amendments (Ord. NQ. ~ite Develapmenf
Review (City Council Ft~se~lutic~n lVo. and a Vesting Ter~tative Trae# Map
('Planning Commission Resolution No. ~..Y). All such apprauals collectively,
#ogether with any apprc~vals or perrr~its 'n~w ~r hereinafter issu~d uvith respect to
the Alternate Project as re~errad to as #he "Alternate Proj~cf A~provals", Und~r
th~ prc~pased enti#lements, ##te Gleveloper wil! ha~e ihe optian of proceeding vvith
devefc~pment ur~d~r eith~r the Project Approvais €~r Altern~te Prflject Ap~pravals.
6. Section 9.3 c~f th~ Agreement requ~r~s that the Agreement be
amended wh~re the density or intensify vf uses or term of the Agre~ment are
arnended, Developer requ~sts amendrnenfs #c~ the Agreernent regardinc~ the
density of uses under the Afternate Praject Apprflvafs, an extension ofi fhe
existing term by seven years, an amendr~~nt to fhe affordabl~ housing
abligations for the Property, and a provisian on a public art f~e. Thre P~rties
agree that these revisions require an am~ndm~nt t~a th~ Agr~~menf.
7. TlZ~ Gify Council h~s fc~und th~t, amon~ other things, ihe
Agreement, as arnend~d, is eonsistent wEth its ~en~;ral Plan and the Eastern
Dublin S~~cific Plan ~nd h~s been revi+~u~r~d and e~aluat~d in accordanc~ wit~
Ghapt~r 8.55.
~ity and [Jeve4oper have ~e~ched a~reement and desire to express
h~r~in an ~m~rtdm~nt to th~ Agr~ement tl~at ~+vi1i faciiifate ~evelo~ment c~f the
Prr~ject sut~ject t~a cran~titicans set for~h 3~~r~ii~; ~r~d
Qn , 2t~90, t#~e Cit~r ~c~ur~cil of the City c~f ~!u~lin
acit~~~~ci t~rc~ir~anc~ ~tc~. ~~~~ir~ving ~frri~ ~rr~er~drt~~~~t. T~~e csrc~it~~n~~ tc~~k
eff~ct on , 20~0 {"#he Am~ndment ~~ective I~ate").
NC~~"I, T~-fi~R~~'(J~~, wi~l~ r~ferenc~ tc~ th~ fcrr~c~~~~tc~ r~:citals ~ncf in
t,c~n~ic#eratican c~~ fh~ rnu~~~! ~rc~rnis~s, c~blic~~ti~art~ ~~d c~v~t~~nt~ I~~r~in
~c~r~t~in~ci, ~iiy a~~d ~~;v~ic~~~~r ~e~r~~ ~s fr~ll~sw~:
~i~~EEMENI°
~~cfi~r~ Ti~~ t~rr~~ r~~ t~~~ Ac~re~:t~~~ni `a?r~ert~i~d f~llc~w~ ~c~ th~~
ali fi~rtr~~ ~p{alie~f~l~ t~ tt7e Prc~j~ct anr~ ~~4j~ct Ay~~rc~v~ls, ~i~;fii~~eti ia~ th~
l~gr~ement, ~hall ~~ply tc~ x~~~ t~lt~rnat~ F'r~jec# ~nd AI#~rnate Prajee# {~pprovals
as defiin~c! in this Ar~endm~nt. Alf r~~erenc~~ t~ "~'rc~j~ct" in ~~ctions 5, 6, 7, S~,
1C?, 't~.2, and 2U c~f the Agre~ment ar~; ~mer~ci~ti ta read "PrQj~ct Qr Alternat~
Rraject". All r~ferer~ces tc~ `"Proj~ct Apprc~val~" in Secli~ns 7, 8, 'I0, 14,2,
~nd 20 of th~ Agreement ar~: amer~d~ci tr~ read "Prc~~ec~ Approvals or Alfernate
Praject Approval~". Notwifhstandir~g the faregc~ing, th~ Agreement and
Amendment shalf nt~t cre~t~ any right for Developer €a prr~ceed v;ri#h devetopment
of both the ~'roject and Altern~te Proj~ct on the Prop~rty, t?nce the ~eveloper
Amendment No. ~ to Che Develapment Agreemenf ~efwe~n the Ciiy of dubiin and W~stern
Pacific Housing for the [7ublin Transit Center Site E-1 Project Page 3 of 5
I
commences w~th d~v~lapment c~f ~ither the Proje~t flr Alternate Praject, the rights
under the A~reement relating to the oth~r project not deve#oped ~ha1i be
terminated. Far th~ ~urpasgs of this Agr~em~nt, °commences with devel~pmenY~
means the issuance of any building permit.
Sectic~n 2, Se~ctit~n 4.2 of fhe A~reerrrent is am~nded in its en#irety tc~
read as follows:
"4.2 Terrri. `1'he ferm c~f this Agr~~ement ~hal! cc~mmence on the
Approval Date and s'ha(I terminate tw~lve 2} years thereafier on
March 9, 2Q18, unless said term is c~kherwise terminated or
modi~ed by circumst~nees se# ft~rth in this Agreemen#."
Secti~an 3. 5eetion 1~ of the Agreernent is amended in its
entirety tfl read as fo{lows:
"'f 1`err~ of flroiect Ap~rc~vals and ~t~rna#e P, rr~ject Approval~.
The term flf the Prc~ject Apprc~va(s and Alte~n~te Project Approvals are
ext~nd~d for ~he #~rm of th~ A~reement suk~ject #o f~~ prc~vision~ c~f
Section;4.2 of this Agree~ent. Notwithstan~ing the foregainc~> once the
Develo~er ct~r~rrrances vrrith dev~lopment of either fhe Pro~ect or AI#ernate
Projeet, the extension o# the #erm c~f ti~e project appra~als ~tnder #Fre
Ar~re~ment f~r thc c~ther pr~je~t r~c~t develc~ped sh~ll be terrnin~ted. Fc~r
the purpc~ses c?f this Agreement,: "cc~mmences with developm~~t" means;
the i~suanc~ of an~ buildinc~ ~ermit.
~+~ctic~n 4. ~tmendrr~en( to Exhi~bif ~xhibif ~ ko t~~ A~r~~~n~r~f i~
i~e~~,~~ repl~~€~d ir~ its ent~r~ty ~vith Cxi~ibit 2 t~ this Am~nti~~n#.
secti~r~ ~crunt~rparfs. This }~mendt~ner~t is exeeuted in two
duplicat~ oric~i~i~ls, ~aeh c~f wt~ich ~s de~?n~d ta k~~ an rari~in~l.
Amendment Nc~. 9 to the C?evelopment Agreement 8etween the ~ity of Dubiin and Westem
Paci~c Housing far the Qubiin T~ansit Genter Siie E-~1 Project Fage 4 of 5
~+~cki4n 6: Recardafion. Gity shall record a copy c~# fhis Amendmen~
within t~n {10} days fallawing ~xecution by aIl p~rties.
It~ WITNESS WHEREOF, the parties herefo have caused this
Am~ndment ta b~ ex~cuted as af the date and year first above written.
CiTY O~ aUBLIN:
By: Date:
Tim Sbranti, Mayor
ATTEST:
By: Date:
Care~lir~c~ ~a~to, City Clerk ,
APPRiJilED P,S T~? F4RM:
JoF~n Sakk~r, City A#tarney
W~ST~RN F~ACf~I'C HC3USING IiVC,
a QeEaware ~orpt~r~tian
{.J~ I +,"'~.,~~q~F~ S~. Yi'($~~ ~W~l.i:r ~~~2. ~`.~9 .
ffi ~ ~t
pean
K.wMiRs, Assistant Vic~ Presic~ent
{NC3T/1Rl~~I TtUN ~t ~T"~1 Cl-l~'~}
Ame~dment No. 1 to the t~evel~pment Agreement ~3etween f~e Gify af Dublin and Westerr~
Pacific Housing for the C3ublin 7ransit Center Si#~ E-1 Prc~ject Wa9e 5 flf 5
Exhibit 1
Legal Descriptian of Dublin Transit Center Sife E-1 Praperty
Real property in the City of Dublin, County of Alameda, Stat~ of Califomia,
described as foilows:
Parcel 1, as shown on Parcel Map 7892, filed April 94 2005, in book 280 0#
Parcel Maps, Pages 83 85 in the ~ffice of the Recorder of Alarneda County,
Assessor's Parcel Number 986-0034-011-00.
Exhibit 2
Amended Exhibit B ta the Agreement
~
EXHIBlT B
Add'itional Candi#ions
The following AdditicrnaM Conditians ~r~ her~by ?mposed ~ursuant to
Parag~aph 5.3 af the Agreemenf.
Subp~rac~raph 5.3.1 ~ubset~uent ~iscretionary 1#t~~rava(s
None.
Sub~araaraph 5.3,2 - Nli#i~tati€~r~ ~Qnditions
S'ubsectit~n a. fnfr~~tructure 5eau~ncinq Pra~~rarn
Th~ tnfras#ructure Sequencing ~rogram #c~r the Prt~ject is set forth below.
{i} RQacls:
The prc~ject-specifse roac#way improvemerrts (ar~d offers of
dedicatior~) identific~d in fvr the Project in ~esc~lutic~n No, 1U-^ c~f the Cily of
Dublin Piannin~ ~~rnmissic~n apprQVing 5it~ Deuel~pmer~t Review ~nd Vesting
T~ntative Tract Map or fr~r tY~~ Ait~rnate Project in R~sc~lutir~n ~Eo. 1U-~ t~f
t~~ City af Dublin ~lanning Gc~mmi~sir~n a~praving Site D~v~iopm~n# Review and
V~sfin~ Tent~tiue Tract Map (hereaft~r "~DR and VTM }~esoCution"'~ shall
be cam~let~d iay ~evelaper tc~ t~t~, satisfac#ic~n of th~ City Ertgir~ee~ ~t #he tirnes
~nd in th~ rn~nn~r sp~ci~~d in fh~ ~p~licabl~ ~D~ ~nd VTM Re~alutie+n unl~s~
c~th~ruvi~~ proviG3ed t~~lc~v~. ,~11 s~ch road~~r~y impro~e~m~nt~ s'h~ll b~ c~n~truct~d
tc~ th~ satisfaction and req~airem~nts of City's G'rfy Engineer
(ii~ ~~uv~r:
AI! sar~it~ry sew~;r impr~v~:r~~~r~ts to s~rv~ #F~e ~rc~j~ct ~ite {~r ~?~y
r~rr~rtl~ci ~~h~~~ c~f fhe ~raj~ct or ~(t~rn~t~ F'~aj~~t} ~h~ll kr~ ~o~~~~a~~te;r~ iK~
accar~ar~ce witl~ [~~F~S~ r~q~airem~nt~.
(iii) W~ter:~
e~t~ all we~t#~er rc~~c~w~y ~r~c~ ~~t~ ~a~#~rav~c~ i°~yr~r~r~t ~nc# w~Yer s~~{~~ly
system ~~~~.ail b~ ~v~ila~l~ ~nc~ ir~ ~~rvic~; ~t th~ ~it~ in ~ccaed~nc~ vvith t(~~
t~ntativ~ map c4nditir~ns t~f ~pprc~v~E ta th~ ~~tiu#~cti~n ~r~d req~aire~~nts sf t1~~
City's fire d~par#ment.
AIf potable w~t~r systern c~mp~nents to serve the praj~c# sit~ shall
be eompl~ted in accardance with the DSRSC7 requirements.
Amendment No. 't to the Deveiapment Agreeme~t Page 1 of 7
Beiween the City a# G?ublin and Wesfern R~cifc Housing far #he L?ublin Transit Genter Site E-1
RroJect - EXHIB#T B
Recycled ~vat~r lines st~all be irtsta!!ed in accardance v+ritl~ tE~e
ter~tative map conditions of apprc~vat.
(iv) Stc~rm Draina~te:
The storm drainage systems off~site, as well as on-site drainag~
systems fiQr the ~reas to b~ occ~pied, shall be improved consistent with th~:
tenkative map conditians af apprc~vai and to the satisfaction artd requirements c~f
the aublin Public Works Departrn~nf applying the City's ar~d ~one 7{Alameda
~Qt~nty'Flood Contrc~l ar~d Wafer Conservation District, Zon~ 7~ st~ndards and
palicie~ which are in force and effect at the time of issu~nce of (h~ permit' fic~r #he
proposed improvements. Pursu~nt #o Aiarn~da County's National Pollutian
Discharge Elimina~tion Perrnit (NRGES) No. ~AS(}02983~ wifh the Califc~rni~
Regional Water Q~cality G~ntrc~l E34ard, c~r pursuant to`subsequent p~rrnits
adnpted by the Board, ail gra~iin~, cc~nstru~t~on and c~evelopment activit~es w~thin '
th~ Gi#y of ~ubfin must com~ly with fhe provi~ions o# the C[ean Water Act.
Prc~per erosion control measures must b~ Enstalled at d~velopment sites v~+ithin
the Gity during canstruction, and al1 activitie~ shail adhere ta Best Management
F'ra+ctices.
(v) C?#h~er Util~ties {e,~, t~a~, ePecfricitv, cable televisi~n~,
te~~~:
~anstrue#ion s#~afl be cr~mp(eted bY phase prior tt~ issuance c~f tE~e
~ir~t C~rtificat~ af Occu~~~cy for any building within that sp~~ific ~h~s~ of
accupancy for the Project or Alternate Pro~~ct.
~~ab~~~ti€~r~ b. ~i~~~~l~ra~t~t~~
{i) ~t~m~t~tinn ~{l~~r ~~ferr~~,
Na#wi~h~t~r~cii~aq tt~~ fc~r~g~air~~, th~ ~ity'~ Puk~lic Utlor~c~ C~ir~ctnr
m~y, in ~~i~ r~r h~r sc~le c#is~r~#ic~n ~nc~ ~~~~n rec~i~t af dacumer~t~tic~n in ~ fc~rm
~atis~f~~tc~ry tca th~ ~i~t~lir:llV~rlc~ ~ir~~tor th~fi ~s~ur~s c~~~i~af~tic~n, ali~w
~~v~lt~~~r tr~ cl~~~r ~orn~l~tic~n t~f di~crat~ porti~n~ of any p~~bli~ imp~ovecn~nts f€~r
th~ Project c~r AEtern~t~ #~r~j~ct i~ tl~~ Public VUor#cs C7irector det~rrr~in~~ th~t tc~ c~o
sc~ wauid nat j~op~rdize th~ pu~li~ h~~#th, s~f~fy c~r w~if~r~::
~ut~ ~ra ra t~ ~.3.3~ ~h~~ir~ `ti~nir~
1"his Agreem~r~t cant~ins nr~ re~~~irements that D~v~loper rnus~ initi~t~ crr
co?~nplete deveiopment c~f kh~ Project ~r AI#~rnate Prc~ject withi~ ~ny period a~f
fime set by the City. It is t}~~ inten#i~zn c~fi this provision th~t dev~lc~~aer be ~k~le'ta
develap the Property in accord~nce with its own time ~chedules and the Pro~ect
Approvals or A!#ernat~ Projec# Apqroval~.
Arnendment IVo. 1!o the ~f~uelopment Agreemenk P~ge 2 af 7
Between the City of Dubfin and We~fern Paciftc Hous~ng fcrr fhe E3ubfin Transit Center Si#e E-1
Frojecf EXHBIT S
~ubp~rac~raph ~ 3.4 - F'rnanair~~ P~an
Developer wili instal~ aIl impravements necessary f~r the Proje~t or
Aiternate Project at its own cost (subj~ct to credits for any imprc~vem~n#s which
gualify for cr~edits as pr~vided in Subparagraph 5.3.6 ~~low).
Utl~er infrasfructure necessary ta pra~+ide sewer, ~aotabfe vvat~r, and
reeycfed water services to fl~e Prr~}ect c~r Alterna#e Prc~je~t wil! bc~ rnad~ avai(able
by th~ Dubiin San Ramc~n 5~rvices District, If so required by Dublin San Raman
Serviee~ District, Develaper will enter irttc~ an "Area Wide Facili#ies Agrsernent"
with the Dubfin San Ramon Service~ Dis#rict #a pay far the cost of extendir~g such
services to fhe Projec# c~r AMt~rnate Prajec#. Such s~rviees shall be prcavided as
set farth in Subparagra~h 5:3.2{a)(ii} and ~iii} abc~ve.
Subr~arat~raph ~.3.5 Fees, Tl~~licati~ns
Except as ath~rwise prt~vi~~d in this S~~bpara~r~ph ~.3.~ orthis
Devefopment Agreement, D~velaper shail pay any fees re~uired by Subsectic,ns
a-g at fhe time such fees ~re due ur~der the r~solutian~ an~/c?r urdin~n~es
establi~hing and/or am~nding such fees.
Subsecti~n Tr~fF~c ~m~r~c# Fe~s.
Develc~per sh~ll pay th~ Eastern Dublin Traffiic Innpact F~e ("T1F"}
established by Resc~lution Nc~, 40-'1Q, includinc~ any am~ndments t~ such fee fhat
may be in effiect at th~ time of issuance af Faaildinc~ perm~#s. D~v~lcjper wili pay
~uch fe~s n~ later tt~~n t~~ time c~f i~suance c~f t~~rilc~ing p~rmit~ ~nd in th~ amc~~nt
~af tt~~ irnp~~t fe~ in ~ff~ci ~t tim~ caf ~c~ilc{inq ~~Prrnit is~~a~nc~.
~ ~t~~b~~c~i~~ Tra~~~ I~n ~c~ F~ee t~ R+~~m~aurs~ P[~~~~~n°~on ~c~r
~r~ew~i~ Intc~rch~r~q~s.
~~v~lo~~r ~h~ll p~y th~ ~a~t~rn i~ublin I--;at~U Irit~rchan~e in t~h~
amc~unt~ ancl at tl~e tit~~~;~ ~~;t fc~rth in f~e~c~i~~ti~~~ No. '[~:i~9~ ~nci k~y ~r~y
r~~c~luii~n w~ich r~vises ~t~ich Fe~ th~t m~y in ~~fect ti~~ tin~~ ~rt issuance of
building perrl~its. ~eveloper wiN pa~ ~uch fe~s no l~t~r th~n the tim~ vf is~uanc~
c~f b~aildin~ p~;rr~its.
~~at~s~~~i~n ~uk~li~ ~~~iiit's~~
neveloper shal! p~y a~'ublic ~'~cilities ~'~e ~~t~~lisheci by ~it~ c~f C~~alalin
F2esalu#ion No. 214-D2, incltidi~g any ~m~ndments t~ sucl~ fee th~t may k~~ ir?
effsct at the time of issu~r~ce af building permits. ~ Develc~pe~ w~ll pay s~ach fe~s
no later than the time of issuance of F~uilding permits.
Sub~ectior? d. Ploise ~Vli#ic~aticrn Fee.
Amendment No. 1 to the Deveto~ment Agreement Page 3 of 7
Beiween #he Cify of [~ublin and Western Pacific Nausing far the Dublin `fransit Genter Site E-1
Project - ~Xt~I~IT ~1
Developer sh~31 pay a Noise Mi#igatian ~ee established by City af Dublin
RE'SC7IUft011 NO. ~~-~6, inciuding any amendments to such fee that may b~ in
effect at tt~e time of issuar~ce af builcfing permits. Develap~r will pay such fe~es
no latar than the #ime af issuance of building permifs.
Sctbsecti~n et Schor~l lmpact Fees.
Schoal im~act ~ees shall ~ie paid by D~velQper in acc~rdanc~ with
~ouernment Code sectian 53fl80 and the agreernent beiween C~evelc~per Qr ~ts
pred~c~ssc~r in int~rest and t~e Qublin UniFied ~choo! Qistriet regarding payment
c~f school mitigatian fees.
5~ubsectic~n f. ~ir~ ~~cili#ies Fe~s.
Deueloper shall pay ~ fire facilities fe~ estabEished by ~ity c~f C?ub(in
Resc~lutic~n N~. 'E2-03 including any amendmenis to sueh fe~ that mray t~e in
eff~cf at the tifne pf issuar~ce t~f builda'ng perrrtifs. Developer wi11 pay such fees
no [ater #han #he time of is~uar~ce c~f building permits.
SubsectiQn . Tri»V~Ilev Trar~sta~r~atic+n t~~vel~,~ment Fe~.
Qevelo~er sha!! pay #I~e T~i-Valley Transport~tion a~vel~pm~nt F~~ in the
arncaunt and af #he times s~t forth in City'of Dub[in Res~rlufi~n ~io, 5~-98 or any
rescalution which r~vis~s such fee. L?e~rel~per will pay such f~es r~a iat~r th~r~ th~
time of i.~suanc~ c~f b~rilc~in~ ~ermits and in the amour~t af fih~ ~m~a~t fee in effieet
iime c?f bui(ding permi# issu~nc~.
~tabparac~ra~h ~~3.6 R~imb~r~~m~n~
~utase~~i~rn a. Tra~ic 1m~~ct F~~ 6rn~rc~v~~ne~its Cr~d~~
Th~ C~ity ~hail ~arc~v~ci~ ~ cr~dit ~c~~inst ~a~f~rn ~ublin T'r~~~ lmp~cfi I~e~~
~t~ C}~v~lcaper fc~r t~7~s~ ir~prt~v~~ri~r~is c~~~c;ri~+~~ i~i ki~~ r°~scai~~ic~t7 ~~t~i~lisliiri~ t~7~
~~~t~;~-r~ l~ut~lir~ Tr°ffic Im~a~c~t if ~ucit irr~~r~~iv~r~~~r~ts ~re ~~n~tr~~t~~J t~~r th~
n~v~loper in ~heir uitirr~~t~ I~c~tic~n. All ~~p~cts of tl~~ cr~d€t ~t~~l! b~ c~~v~rn~d
by tl~~ °C'l~ Guiclelines.
~u~as~~c~ian ~i. ~'r~~i~ I~n ~~c~ ~ti ~ t~~ar~f~'~°V~ ~~c~i~atic~~~
?~~F~~li~
1"h~ City shall prc~~i~'~ ~ cr~dif against ~~~tern DubGn Tr~~fic lmpact ~ees ,
t~ ~evelc~per for ~ny TIF ~rea righ~aof-way to be dedicated by C~evel~per tc~ #he
~ify which is required far im~rr~vements which are d~scribed in the resulution
establishing the East~rn Duk~lin Traffic lmpact Fee. AI( ~spects r~f the creclits
s'hall be governe+d by the Tl~ Guidelines.
Amendmenf Nv. 1 to the DeveCopment Rgreement Pac~e 4 of 7
Between the Cify of Dubiin and West~rn #'acific Hausing tor the Dubl~n 7'ransit Center Sit~ E-1 ,
Prpjeet - EXNIBIT B
Subparaaraph 5.3.7 - Miscellaneous
Subsection a. Affordabte Housinq Requirements. This subsection
shal! govern fhe affordable hausing requiremenf for the Property. As between
the parties, it replaces irt its enfirety #he affordabie housing requirements
applicable to the Property {Transit Center Site E-1 ~ set forth in Sectian 12 af !he
First Amendment to Master Development Agreemen# Between City of Dublin and
Surplus Property Authority of Alameda Coun#y for the Dublin Transit Center
Project, dated October 4, 2005. This subsection does not revise any of the
requirements for affordable housing applicable to the Dublin Transit Center
Project, other than Site ~-1, set forth in Section 12 in the First Amendment to
Master Development Agreement Between City of Dublin and Surplus Praperty
Authority of Alameda County for the Dublin Transit Center Project, dated October
4, 2005.
The afFordable housing requirement for the Project and Alternate Project shalt be
met by the payrnent of an in-lieu fee ra#her #han construction of units on-site.
The affordable ho~sing requirement shall be fifteen percer~t {15%} of the total
residential units canstructed on the Property. The in-iieu fee shaff be calcuiated
as follows: the amount of the City's per-unit fee in lieu of constr~ction of
inclusionary units that is in effecf on the Effec#ive Date of the Amendment No.1
to #he Agreement ("Amendment Effective Date") (which equais One Hundred
Two Thousand One Hundred and Fifty-One Doflars ($102,151.Q0)) multiplied by
a number equai to fifteen (15%} o# the total residential un~ts ta be constructed on
the Property ("Tota! Affordable Housing Fee").
For the Alternate Project {105 residentiaf units), the Total Affordable
nousing Fee shall equ~l O~a Million ~ix #~iu~dred Thirty-four Thousar~d Fcur
Hundred and Sixteen Dollars ($1,634,416). The Developer shafi pay the Tota!
Affardable Hausing Fee in accordance with the following schedufe:
p~~e Amcaunt
Firs# ~ayment 1 Year after Amendment $300,OOU.
Effective ~ate
~ecand 2 years afte~ $400,000.
Payment Amendment ~ffectiv~
Dat~
Third Payment 3 years after $400,000.
Ar~n~r~dr~n~nt Ef#ec~ive
Date
Amendment No. 1 to the Development Agreement ~ Page 5 of 7
Between the City of Dublin and Western Paciffc Housing for lhe Dublin TransEt Center Site E-1
Project - EXHlBIT B
~'our#h Paymen# 4 years after $534,41~.
AmendmenY Ef~ective
Dat~
Total ~ $1,634,~4'i 6.
For the Project ~~00' residential uni#s), the Tc~#al Affordable ~lousing Fee
shafl equal Four Million Five Hundred hJinety-six Th~usand Se+~en Hundred and
Ninety-five D411ars {$4,596,79~). The Qevel~p~r shaf) pay the Tc~ta! Affarda~le
H~using Fee in accordance wi~h the fc~llowing schedule;
~u~ Date Am~aunt
~irst Rayment 1 Year after Amendr~ent $830,UOQ,
Ef~ectiv~ aate
Secsand 2 years after $1,1~U,~!tl+~.
Rayment Rm~ndr~en# Effec#ive
C}~te
Third Paym~nt 3 y~ar~ af#er $1,100,~~~.
Amendr»ent Effective
U~?~~
~~ur~i~ Paymer~~ ~ y~~tr~s ~~~r $1,5~C,79~,
~m~ndrraer~t ~fte~tive
~?~t~
"~"at~l ~41,596,795.
{f th~ L~~velag~er ha~ nt~t ~~s~mitf~c~ ~(~n~ fcsr th~ d~~~l~apr~~nt taf th~ ~'roj~ct ~r
}~lt~rnat~ E~'rra~~ct ~~fc~r~ tt~~ C~u~ ~~t~ for ~ny ~f th~ r~c~uir~d' P~~n~~n~~ ~~a~cifi~d
~#ac~v~, th~ ~rr~aur~t raf #i~~ i~~ymer~t sh~ll b~s~c~ on th~: ~a~ym~n~ ~~1~eduf~ f~r
the Alternate Prc~jec#'. If ~ev~lc~p~r rr~~kes any payrr~ent af th~ °~~tal ~f~c~rdable
Hc~usinc~ ~ee bas~ci ~n t~e ,~I~~rn~t~ ~'r~ject ~nc3 tl~~ ~3evelc~per s~abr~it~ pl~ns for
~he ~rc~j~ct, th~n ~~u~l~~~r ~h~ll ~~~y tf~~ ~at~llt~fc~rd~#~I~ Hau~i~~rg Fe~ f~r tF~e
l~rroject in ~~~cardanc~ witY~ ~1~~ ~~ym~nt sch~ciul~ fcar th~ F'i~c~j~ct, provici~cl
hc~wever ti~at ~ny P~yn~ent~ ~ire~dy ?ra~ad~ fc~r tl~~ /~It~rn~t~ F'ra~ect ~h~ll be
credited t~ P~yments far the ~'raj~ct. Any P~yment~ for t~~ F'r~aje~t that i~~cl ~
Due ~at~ prior to the dafe of sul~rnissi~n af plans for the Praj~ct sh~ll be paid ~t
fhe time Qf submission c~fi Project pians.
Amer~dment No. 1 to #he Devel~pmer~t Agreement Page 6 c~f 7
Beiween the Cily of Dublin and W~stern Pacific Housing for #he Dublin Transit Center Si#e E-1
Project - EXH1BiT B
7his affordable huusing requir~m~nt constitutes ar~ "alternative m~thod o#
complianee" under the City's Inclusionary 2oning Regul~fions {~hapter 8.68 of
the Dublin Municipal Code and Section 8.5~3.040E}. Through ifs approval of this
subsectian, the City Council hereby finds that #he "alternafiwe method of
cc~mpliance" mee#s #he ~urpc~ses c~f the ~ity 1r~cEusit~nary Zc~nir~~ Regulations and
will promote the City's afifardabiEity and H~using Element ~r~a1s, and hereby
waives f~e specific requirements of the City lnclusianary ~oning Regutatians fior
the Praject or Alfernate Prc~ject.
!f the City's lnc[usi~nary Zoning Regula#ians are repealed or sus~ended in the •
future, then Develo~aer is nt~t obligated ta mak~ any paym~nt of #~e portion c~f the ~
applicable Total AfFordabl~ Ht~using Fee that is due afiter the ~ffective date of fhe
repeal or suspension o# #h~ Regufations.
Notwiths#anding ~nything tc~ the cc>ntrary in the A~r~~ment, if any payment by
develaper required under this subssction is not received in f~rll by t~~ Gity by ihe
due date fior such payment, fh~ apprc~val c~f C7evelc~p~r's "alterr~ative mett~od r~f
compliance" shall become ineffective. Accordingly, in such event, the City will
withh~Ed ~~rther issuan~e c~f buildirtg permits and afher appravals until such tirne
as Develaper ~a~ enter~d in~a a b~nding agreemertt specifyin~ I~c~w it will cornply
wi#h the Ci#y inclusiona~ Zc~ning F~egulations.
The a~€orc~ab~~: hotasing requirerr?~nts sha~f survive terminatian of the Agr~em~nt.
~uk~~ecti+an Pc~#~lic ~rt F~~ R~~uir~m~nt. Fi~r the Project
ar #~e Alternat~ Project, the Deuelaper s1~af( pay ~ sir~gle pubfic ~rt fie~ in
tt~~ arn~un# af ~ifty T~lousand Doll~rs ~$~O,tID(?.C~t3} p~~ar t~ i~suanc~ nf th~:
fir~t b~aildi~c~ p~rmit (~~Put~lic ~rt `~"h~ ~'ia~iic ,~r~ ~~t~l! k~~ us~~!
for pu~fic art purposes as ~f~terrrtin~d in ti~~ sole discretion t~f th~ G~fy.
The payment c~f th~ Public Art F~e st~~li constitut~: full ct~m~li~nc~ with
Gc~r~c~iti~n of A{~~r~av~~ ~1 c~f th~ ~it~ ~e1~~1~pm~nt €~eui~w fcar th~: Proj~ct
~r~~ sl~all cc~n~~it~!t~ €~all ~+ar~~~a{i~r~c~ ~+ith ~all Pd~blic ~rt r,cartcii~ic~n~ nr
r~c~?~ir~~n~nts th~f m~y h~ ~~~liPCi to th~ ~(~~rn~tiv~ F'r~~j~:€;f.
1486~5"1.10
Amendment No. 1 to the Dev~lopmenf Agresmen# Pags 7 0# 7
Setween the Ciry af dub9in and Western Pacific Housing tor ihe ~ublin Transit Genker S3te E-1
Project - ~XHI~lT B